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Express Terms Notes

Law Notes > Contract Notes

This is an extract of our Express Terms document, which we sell as part of our Contract Notes collection written by the top tier of Griffith University students.

The following is a more accessble plain text extract of the PDF sample above, taken from our Contract Notes. Due to the challenges of extracting text from PDFs, it will have odd formatting:

EXPRESS

TERMS

*

*

General

Rule


o If

the

contract

is

in

writing

and

is

signed

by

both

parties,

whatever


is

in

the

contract

are

the

terms

that

can

be

legally

enforced


SS? L'Estrange

v

Graucob

* "this

agreement

contains

all

the

terms

and


conditions

under

which

I

agree

to

purchase

the


machine

specified

above,

and

any

express

or

implied


condition,

statement

or

warranty

statutory

or


otherwise

not

stated

herein

is

hereby

excluded"


o bound

by

this

fine

print

clause

as

it

was

in

the


original

contract

-

NO

BREACH

OF


WARRANTY


o If

a

document

contains

contractual

terms,

and

is

signed,

if

there

is


no

fraud

or

misrepresentation,

it

is

enforceable

even

if

they

have


read

it

in

the

document

or

not


SS? Toll

(FGCT)

v

Alphapharm


EXCEPTIONS:


o Where

the

document

signed

is

not

contractual

in

nature


SS? Person

who

signs

doesn't

realise

it

is

a

contract

et

* Curtis

v

Chemical

Cleaning

and

Dyeing

Co

* DJ

Hill

v

Walter

H

Wright


o Contents

are

misrepresented

* Curtis

v

Chemical

Cleaning

and

Dyeing

Co


o Plea

of

non

est

factum

(if

you

signed

a

contract

by

mistake

-

did

not


have

the

capacity

to

enter

into

an

agreement)

* Petellin

v

Cullen

Incorporating

Written

Terms:

* Terms

on

a

sign,

docket,

ticket

etc

cannot

be

part

of

a

contract

unless

the


other

party

is

given

reasonable

notice

of

the

incorporated

term


o Balmain

New

Ferry

Co

v

Robertson

* Notice

must

be

given

before

or

at

the

time

of

entering

into

the

contract


o Oceanic

Sun

Line

Shipping

Co

v

Fay


o Olley

v

Marlborough

Court

Ltd

[1949]

1

KB

532


o Baltic

Shipping

Company

v

Dillon


SS? In

this

case,

Mrs

Dillon

was

not

bound

by

the

conditions


that

limited

the

liability

of

the

company

as

she

did

not

have


sufficient

notice

PAGE

75

*

*

*

*

*

*

A

party

must

have

either

knowledge

or

reasonable

notice

of

the

terms

is


he

to

be

bound


o Causer

v

Brown

[1952]

VLR

1


If

the

document

is

one

that

a

reasonable

person

would

expect

to

contain


contractual

terms,

it

is

enough

that

the

document

be

presented


o This

will

be

sufficient

notice


SS? Mendelssohn

v

Norman


What

is

reasonable

notice

will

depend

on

the

circumstances

of

the


particular

case


The

notice

must

be

likely

to

come

to

the

attention

of

the

other

party


o Thornton

v

Shoe

Lane

Parking


Unusual

terms

require

special

notice


o Interfoto

Picture

Library

v

Stiletto

Visual

Programs


Electronic

documents

and

websites

terms

and

conditions


o eBay

International

AG

v

Creative

Festival

Entertainment

By

Reference:

* Smith

v

South

Wales

Switchgear

Co

Ltd

* Thompson

v

London,

Midland

&

Scottish

Railway

Co


By

Course

of

Dealing:

* Where

the

parties

have

concluded

several

contracts

on

similar

terms


agreed

in

the

same

manner,

this

may

have

the

effect

of

incorporating

the


terms

into

a

subsequent

contract

between

them


o SHOW:


SS? A

consistent

and

sufficiently

long

course

of

dealing


SS? Course

of

dealing

must

be

regular

and

uniform


SS? Evidence

of

assent

to

the

terms

(no

objection)

* Balmain

New

Ferry

Co

v

Robertson


o Regular

traveller

-

knew

the

Terms

and


Conditions

* Henry

Kendall

and

Sons

v

William

Lillico

and

Sons

Ltd

PAGE

76

Buy the full version of these notes or essay plans and more in our Contract Notes.